Employment Standards Regulation

Employment Standards Regulation, M.R. 6/2007 The Employment Standards Code , C.C.S.M. c. E110 Regulation 6/2007 Registered January 31, 2007 bilingual version (HTML) Table of Contents Section 1 Definitions and interpretation APPLICATION OF CODE 2 Certain volunteers and trainees 2.1 Ice hockey players APPLICATION OF PART 2 OF CODE 3 Exemptions for agricultural workers and fishers 3.1 Exemption for camp counsellors 4 Employee in employer's residence 5 Professions 6 Family business and certain salespersons 7 Certain Crown employees 8 Workers under The Elections Act WEEKLY DAY OF REST 9 No application to certain employees 10 36-hour rest period for domestic workers and residential caregivers MINIMUM WAGE 11-11.1 Repealed 12 Employees in government-approved training scheme 13 Repealed STANDARD HOURS OF WORK AND OVERTIME 14 Manitoba industrial average wage 15 Hours worked in private residences 16 Regular and overtime wages for residential caregivers 17 Standard hours of work for landscape workers 18 Overtime wage rates for employees receiving incentive pay DEDUCTIONS FROM WAGES 19 Restrictions on deductions from wages WORK BREAKS 20 Minimum time for work breaks TRANSPORTATION FOR EMPLOYEES 21 Employer to provide transportation within certain hours FAMILY MEMBER 22 "Family member" — expanded definition TERMINATION OF EMPLOYMENT 23 When lay-off is a termination 24 Period of employment 24.1 Temporary help employees — when lay-off is a termination 24.2 Termination without notice — temporary help employees RETAIL EMPLOYEES' RIGHT TO REFUSE TO WORK ON SUNDAY 24.3 Right to refuse to work on Sunday EMPLOYMENT OF YOUNG PERSONS 25 Industries and occupations in which young persons must not be employed 26 Repealed 26.1 Supervision of young persons required RECIPROCAL ENFORCEMENT 27 Designation of reciprocating jurisdictions INFORMATION ABOUT CODE FOR EMPLOYEES 28 Employer to post or distribute information ADMINISTRATIVE PENALTIES 29 Administrative penalties DEPOSIT RE REFERRAL OR APPEAL TO BOARD 30 Reduction of required deposit REPEALS AND COMING INTO FORCE 31 Repeals 32 Coming into force Schedule Definitions and interpretation 1(1) The following definitions apply in this regulation. "Code" means The Employment Standards Code . («  Code  ») "domestic worker" means an employee who (a) is employed to work primarily in the management or operation of the employer's private residence, including activities such as cleaning, laundering, cooking or gardening; or (b) is employed, in a relationship of some permanence, to provide care or supervision for a member of the employer's household, and is required to reside in the employer's residence. (« domestique ») "residential caregiver" means an employee who is employed to provide care or supervision for a minor or for an adult who requires assistance to live independently, where (a) the care and supervision is provided in the care recipient's residence; (b) the residence is not the employer's private residence; and (c) the employee is required to reside in the care recipient's residence during periods of work. (« préposé aux soins en résidence ») 1(2) A reference in this regulation to a Part or Division is a reference to that Part or Division of the Code. APPLICATION OF CODE Certain volunteers and trainees 2 The Code does not apply to an employee who (a) works as a volunteer for a charitable or political organization; (b) works as a beneficiary under a rehabilitation or therapeutic plan or project; or (c) is given training or work experience for a limited period of time through a program implemented or approved by (i) a provincial or federal government authority, or (ii) a school board, as defined under The Public Schools Act . M.R. 82/2010 Ice hockey players 2.1(1) The Code does not apply to a player on a junior ice hockey team if the player is entitled to receive — pursuant to an agreement with the team or the league of which the team is a member — an annual scholarship for a post-secondary educational program for each of the first five hockey seasons that the player plays. 2.1(2) The annual scholarship that a player is entitled to receive must not be less than the lower of the following two amounts: (a) the cost of tuition fees, compulsory student fees and required textbooks for a full-time student to attend an academic year of a post-secondary educational program offered by a publicly funded institution designated by the player in an agreement referred to in subsection (1); (b) if the player enrolls in a post-secondary educational program at an institution other than the designated institution, the cost of tuition fees, compulsory student fees and required textbooks for a full-time student to attend an academic year of that educational program. M.R. 158/2017 APPLICATION OF PART 2 OF CODE Exemptions for agricultural workers and fishers 3(1) Divisions 2 (standard hours of work), 3 (overtime), 4 (general holidays) and 8 (wages for reporting for work) of Part 2 do not apply to an employee employed on a farm to work directly in the primary production of agricultural products on that farm, unless all or substantially all of the person's work is performed in one or more climate-controlled facilities. 3(1.1) Except for Division 13 (equal wages), Part 2 does not apply to the following: (a) an employee employed in fishing; (b) an employee employed on a farm, by a family member of the employee, to work directly in the primary production of agricultural products on that farm. 3(1.2) For the purpose of subsections (1) and (1.1), "agricultural products" includes livestock, poultry, livestock and poultry products, fruits, vegetables, grains, oilseeds, pulse, forage and market garden or horticultural products. 3(1.3) For the purpose of clause (1.1)⁠(b), (a) "family member" in relation to an employee means a person who is a family member of the employee under section 59.2 of the Code; and (b) an employee who is employed by a family farm corporation, as defined in The Farm Lands Ownership Act , is deemed to be employed by a family member of the employee if the corporation is controlled by the employee, by one or more persons who are family members of the employee, or by any combination of them. 3(2) For greater certainty, subsection (1) does not affect the application of the Code to an employee who is employed in the selling of horticultural products or market garden products grown by another person. M.R. 26/2008 Exemption for camp counsellors 3.1 Part 2 does not apply to an employee who works as a volunteer camp counsellor at a residential camp that is operated by a charitable organization. M.R. 82/2010 Employee in employer's residence 4 Except for Divisions 9 (unpaid leaves) and 14 (employment of young persons), Part 2 does not apply to the employment of a person employed to work in the employer's private residence if (a) the person is employed as a domestic worker for not more than 12 hours per week; or (b) the person is not employed as a domestic worker, but is employed primarily to attend to the needs of a member of the employer's household who is a minor or is aged, infirm or ill, whether or not the person is also required to perform ancillary duties relating to the management or operation of the employer's household. M.R. 158/2018 Professions 5 Except for Divisions 5 (annual vacations and vacation allowances), 9 (unpaid leaves) and 13 (equal wages) and subdivisions 1 and 3 of Division 10 (termination of employment), Part 2 does not apply to an employee who (a) is qualified to practise and is practising or employed in a profession that is governed under (i) an Act of the Legislature that applies solely to the profession, or (ii) The Regulated Health Professions Act ; or (b) is registered or enrolled and employed as a student-in-training in respect of such a profession. M.R. 144/2019 Family business and certain salespersons 6(1) Divisions 2 (standard hours of work) and 3 (overtime) of Part 2 do not apply to an employee who is (a) employed in a business in which only members of the family of the employer are employed; or (b) a salesperson, other than a route salesperson, who is (i) remunerated in whole or in part by commission, and (ii) engaged in soliciting orders, principally outside the employer's place of business, for goods or services to be later delivered or provided to the purchaser. 6(2) In subsection (1), "route salesperson" means an employee who is employed primarily as a delivery and stock person who delivers goods mainly to established customers of the employer and for whom any selling of products is incidental to those duties. Certain Crown employees 7 Sections 10 to 14, 17 and 18 of the Code (standard hours of work and overtime) do not apply to employees of the Crown who are in the following positions: (a) a position in a classification in which the maximum salary is more than $34,497 per year; (b) a position in the Department of Transportation and Infrastructure for which the hours specified under a collective agreement are similar to the standard hours of work prescribed for a day or week under The Construction Industry Wages Act ; (c) a position in a correctional camp or mental health camp for which a collective agreement provides that an allowance is to be paid in lieu of overtime wages; (d) positions that are (i) not covered by a collective agreement, and (ii) not eligible to receive premium or overtime compensation under Part 3 of the Public Service Regulation ; (e) positions classified as positions for summer students working as temporary employees. M.R. 144/2019 ; 12/2022 ; 123/2022 Workers under The Elections Act 8(1) The following provisions of Part 2 do not apply to an election worker appointed under The Elections Act : (a) Division 1 (minimum wage); (b) Division 2 (standard hours of work); (c) sections 17 and 18 of Division 3 (overtime); (d) Division 4 (general holidays); (e) Division 10 (termination). 8(2) In subsection (1), "election worker" means an election official as defined in The Elections Act and includes any other person appointed on a temporary basis under that Act for the purpose of conducting an election. M.R. 228/2014 ; S.M. 2017, c. 35, s. 63 WEEKLY DAY OF REST No application to certain employees 9 Division 6 (weekly day of rest) of Part 2 does not apply to the following: (a) persons employed as security personnel, caretakers or power engineers who live in the building in which they are employed; (b) an employee who performs management functions primarily; (c) an employee while he or she is working in circumstances described in subsection 19(2) of the Code (emergency); (d) an employee employed in a business that is exempted by the director under section 46 or 47 of the Code (application for exemption of business); (e) a domestic worker or residential caregiver. 36-hour rest period for domestic workers and residential caregivers 10(1) An employer of a domestic worker or residential caregiver must ensure that each week, for a period of at least 36 consecutive hours, the worker or caregiver is not required to perform work for the employer. 10(2) If the employer requests the worker or caregiver to perform work during the 36-hour period, and he or she agrees to work during that period, then the employer must (a) lengthen, by the number of hours worked during that period, one of the rest periods to be provided under subsection (1) within the next eight weeks; or (b) pay the worker or caregiver for the hours worked during that period at an hourly rate no less than the overtime wage rate, whether or not they are hours of overtime. MINIMUM WAGE 11 [Repealed] M.R. 90/2008 ; 5/2009 ; 43/2010 ; 62/2011 ; 59/2012 ; 88/2013 ; 176/2014 ; 75/2015 ; 128/2017 11.1 [Repealed] M.R. 182/2014 ; 128/2017 ; 123/2022 Employees in government-approved training scheme 12 Section 6 of the Code (minimum wage) does not apply to employees who are employed under a training scheme implemented or approved by (a) a provincial or federal government authority; or (b) jointly by provincial and federal government authorities; and who are paid a wage. 13 [Repealed] M.R. 128/2017 STANDARD HOURS OF WORK AND OVERTIME Manitoba industrial average wage 14 For the purpose of clause 2(4)⁠(b) of the Code (exemption from Divisions 2 and 3 of Part 2), the Manitoba industrial average wage at any time during the period from June 1 of one year until May 31 of the following year is 52 times the industrial aggregate average weekly earnings, including overtime, for all employees for Manitoba for the last calendar year ending before that period, as (a) determined by the director based on the Manitoba industrial aggregate average weekly earnings for that calendar year as published by Statistics Canada; and (b) published by the director in a printed publication made available to members of the public or on the department's website. Hours worked in private residences 15(1) For the purpose of determining the hours worked by a residential caregiver or by a domestic worker who resides in the residence where he or she is working, the caregiver or worker is deemed not to be performing work (a) during any time that he or she is, by agreement with the employer, free from the performance of duties; or (b) while he or she is eating, resting, sleeping or attending to his or her private affairs or pursuits. 15(2) Subsection (1) does not apply to an employee whose standard hours of work are determined under section 12 of the Code (averaging). Regular and overtime wages for residential caregivers 16(1) Except for a day to which subsection (2) applies, the employer of a residential caregiver must pay the caregiver, for each day on which he or she works, not less than the total of (a) a wage for eight hours, at the caregiver's regular wage rate; and (b) an overtime wage for four hours, at the caregiver's overtime wage rate. 16(2) If, by agreement or arrangement with the employer, the caregiver is not required to perform the normal duties of employment for part of a day on which he or she works, the employer must pay the caregiver not less than the following amount for the hours worked: (a) if the caregiver works eight hours or less, the caregiver's regular wage rate for the hours worked; (b) if the caregiver works more than eight hours, the caregiver's regular wage rate for the first eight hours and the caregiver's overtime wage rate for each additional hour worked. 16(3) If a caregiver to whom subsection (1) applies works more than 12 hours in a day, the employer must pay the caregiver the overtime wage rate for each additional hour worked, up to a maximum of four hours, if the caregiver (a) makes a record before the end of the next day of the number of hours worked; and (b) gives the record to the employer before the end of the pay period that follows the pay period in which those additional hours of work were performed. 16(4) Clause 135(1)⁠(d) (employment records) of the Code does not apply to the hours of work of a residential caregiver. Standard hours of work for landscape workers 17(1) The standard hours of work for an employee while he or she is working on landscaping operations between April 15 and November 30 are (a) 10 hours per day; (b) 50 hours per week; and (c) 2,080 hours per year. 17(2) For the purpose of subsection (1), "landscaping operation" includes the construction or maintenance of a landscape, including activities such as lawn cutting, fertilizing, applying sod and controlling weeds. It does not include (a) the maintenance or cleaning of parking lots or snow removal; or (b) working with inventory or customers at a gardening or landscaping retail outlet. Overtime wage rates for employees receiving incentive pay 18(1) Subject to subsection (2), for the purpose of calculating the overtime wage rate in accordance with subsection 17(1) of the Code for an employee whose wages consist of or include incentive pay, the employee's regular wage rate is the total of (a) the hourly rate that would be the employee's regular wage rate if it were determined without reference to the incentive pay; and (b) the employee's hourly incentive rate, determined by dividing (i) the total incentive pay paid or payable to the employee in the pay period, by (ii) the total number of hours worked in that pay period. 18(2) An employee's regular wage rate for the purpose of subsection 17(1) of the Code may be determined without reference to any incentive pay if (a) the employee's regular wage rate, determined without reference to the incentive pay, is at least twice the minimum wage rate; or (b) the employee's productivity during the overtime hours is measurable and it is the employer's established practice to pay for productivity during overtime hours at a rate that is at least 150% of the rate payable for productivity during regular hours of work. 18(3) For the purpose of this section, "incentive pay" means pay that is based on productivity rather than hours of work, including, by way of an example, (a) a sales commission; (b) pay that is based on piecework or a fixed amount per task; (c) a bonus that is tied directly to the worker's performance and is not payable at the employer's discretion. DEDUCTIONS FROM WAGES Restrictions on deductions from wages 19(1) An employer must not deduct any amount from the wages payable to an employee except as required by federal or provincial law or as permitted by a court order or subsection (2). 19(2) The following rules apply in determining what may be deducted from a payment of wages: Deduction for direct benefit to employee 1. An employer may, with the employee's consent, deduct an amount for something provided as a direct benefit to the employee which the employee was not required to obtain or was not required to obtain from the employer. Limited deduction for meals or lodging 2. If an employer furnishes meals or lodging to the employee and the employee has no other practical options for obtaining meals or lodging, the amounts deducted from the employee's wage must not reduce the employee's wage for a pay period below the minimum wage to which the employee is entitled by more than the following amounts: (a) for meals provided during the pay period, $1 per meal; (b) for lodging provided during the pay period, $7 per week. Restricted deduction for uniforms 3. An employer must not deduct any amount for a uniform that is unique to that employer, such as a uniform bearing the name or logo of the employer, or that would be of no practical use to a person not employed by that employer. Restricted deduction for supplies or tools 4. An employer may deduct an amount for business supplies or tools provided to the employee unless (a) the employee was required to purchase the supplies or tools from the employer; (b) the employee would not be permitted to keep the supplies or tools upon a termination of that employment; or (c) the employer is required by law to provide the supplies or tools to the employee. No deduction for faulty work or damage 5. An employer must not deduct any amount to cover any cost or loss arising from faulty work of the employee or damage caused by the employee. No deduction for cash shortages 6. An employer must not deduct any amount to cover a cash shortage resulting from a failure to collect all or any part of the purchase price from a purchaser. Deduction for payroll error, cash advance or service charge 7. An employer may deduct the greater of the following amounts if the employer has made a payroll error that is to the employee's favour or has made a cash advance to the employee: (a) with the consent of the employee, the amount of the payroll error or the cash advance; (b) the amount that could be seized or attached by a garnishment order, if the employer had a garnishment order under The Garnishment Act in respect of the employee's wages for the amount of the payroll error or cash advance. The employer must not deduct any amount in respect of interest or a service charge or fee in relation to a payroll error, a cash advance or the cashing of a cheque. Traffic offence under image capturing enforcement system 8. An employer may deduct the minimum amount payable by the employer for an offence that (a) was committed by the employee; and (b) is being prosecuted against the employer under subsection 13(1.1) of The Summary Convictions Act ; if the employee has authorized the employer, in writing, to deduct that amount. 19(3) An employer must not require an employee, or a prospective employee as a condition of employment, to purchase a uniform described in rule 3 of subsection (2) at his or her own expense or to pay any other amount that the employer is prohibited by subsection (2) from deducting from a payment of wages. 19(4) If an employer requires an employee to pay for something contrary to subsection (3), and the employee has paid for it, the amount paid is deemed to be a wage owing by the employer to the employee. M.R. 103/2007 ; 106/2011 WORK BREAKS Minimum time for work breaks 20 For the purpose of subsection 50(2) of the Code (work break), the prescribed length of a work break is 30 minutes. TRANSPORTATION FOR EMPLOYEES Employer to provide transportation within certain hours 21(1) When an employer's place of business and an employee's residence are located within the boundaries of a city or town, the employer must provide the employee with adequate transportation between the residence and the work place when the employee's hours of work begin or end after 12 midnight and before 6:00 a.m. 21(2) [Repealed] M.R. 106/2011 M.R. 106/2011 FAMILY MEMBER "Family member" — expanded definition 22 For the purpose of the definition "family member" in subsection 59.2(1) of the Code, a person is a family member of an employee if the person is (a) a brother, sister, step-brother, step-sister, uncle, aunt, nephew, niece, grandchild or grandparent of the employee or of the employee's spouse or common-law partner; (b) a parent of the employee's spouse or common-law partner; (c) a current or former foster parent of the employee or of the employee's spouse or common-law partner; (d) a current or former foster child, ward or guardian of the employee or of the employee's spouse or common-law partner; (e) the spouse or common-law partner of a person mentioned in any of clauses (a) to (d); or (f) any other person whom the employee considers to be like a close relative, whether or not they are related by blood, adoption, marriage or common-law relationship. TERMINATION OF EMPLOYMENT When lay-off is a termination 23(1) The employment of an employee who is laid off for one or more periods exceeding, in total, (a) subject to subsection (1.1), 8 weeks within a 16-week period; or (b) any greater number of weeks within a longer period (referred to in this section as a "threshold"), as specified by the director upon application by the employer; is deemed to have been terminated unless (c) in the business in which the employee is employed, employees are subjected to regular and recurring lay-offs, and the employee was told about it when he or she was hired; or (d) during the lay-off the employer, by agreement with the employee, continues (i) to pay wages to the employee, or to make payments to the employee in place of wages, or (ii) to make payments for the benefit of the employee to a pension plan or group or employee insurance plan or, where the employee has a pension plan and a group or employee insurance plan, to both. Temporary interruption in employment, 2020 23(1.1) For the purpose of clause (1)⁠(a), the period that begins on March 1, 2020, and ends on the day on which the declaration of a state of emergency under section 10 of The Emergency Measures Act concerning COVID-19 is terminated is not to be included in determining if an employee has been laid off for one or more periods exceeding, in total, 8 weeks within a 16-week period. 23(2) When a lay-off is deemed by subsection (1) to be a termination of employment, (a) the employee's employment is deemed to have been terminated without notice on the first day of the lay-off; and (b) the employer must pay the employee a wage in lieu of notice in accordance with section 77 of the Code. 23(3) Before specifying a threshold for an employer, the director must be satisfied that (a) the proposed threshold will not be prejudicial to the interests of the employees; (b) a majority of the affected employees support the proposed threshold; and (c) the employer has a time frame for recalling the employees to be laid off. 23(4) When specifying a threshold for an employer, the director may impose any term or condition the director considers appropriate. 23(5) Subsection (1) does not apply to an employee whose employment is covered by a collective agreement that addresses whether, and under what circumstances, if any, a lay-off may be treated as a termination of employment. M.R. 15/2020 Period of employment 24 The following rules apply in determining an employee's period of employment for the purpose of section 61 of the Code (notice of termination). Lay-off under collective agreement 1. Whether the period of a lay-off under a collective agreement is included in the period of employment is determined by the agreement. Lay-off not deemed a termination 2. In the case of a lay-off that is not under a collective agreement and is not deemed by subsection 23(1) to be a termination, the period of the lay-off is to be included in the period of employment. Unpaid leave 3. The period of a leave under Division 9 (unpaid leaves) of Part 2, or of any other paid or unpaid leave approved by the employer, is to be included in the period of employment. Seasonal employment 4. If an employee is employed by the same employer in two or more consecutive years in seasonal employment that terminates at the end of each season, those periods of employment, together with the periods between those periods of seasonal employment, are to be treated as one period of employment for the purpose of any subsequent termination of that employment during the employment season. Rehiring within two months 5. If an employee is rehired by an employer within two months after termination of his or her employment with that employer, the period between those two periods of employment is to be included in the employee's period of employment for the purpose of any subsequent termination of that employment. Temporary help employees — when lay-off is a termination 24.1(1) In determining if a temporary help employee's lay-off meets (a) the 8 weeks within a 16-week period under clause 23(1)⁠(a), a week in which the temporary help employee is not available for work is not included as one of the 8 weeks, but is included as one of the 16 weeks; or (b) the threshold specified under clause 23(1)⁠(b), a week in which the temporary help employee is not available for work is not included as a week in the greater number of weeks, but is included in the longer period. 24.1(2) For the purpose of subsection (1), a temporary help employee is not available in a week if, for one or more days of that week, any of the following occurs: (a) he or she is not able to work; (b) he or she is not available for work; (c) he or she refuses an assignment. M.R. 226/2014 Termination without notice — temporary help employees 24.2 A temporary help employee is subject to the exception described in clause 62(1)⁠(e) of the Code — and as a result is not entitled to notice or wages in lieu of notice — unless he or she is regularly assigned to perform temporary work for one or more clients for at least 12 hours a week. M.R. 226/2014 ; 125/2021 RETAIL EMPLOYEES' RIGHT TO REFUSE TO WORK ON SUNDAY Right to refuse to work on Sunday 24.3 Despite subsection 81(1) of the Code, an employee in a retail business establishment must not refuse to work on a Sunday if one or more of the following applies: (a) the employee agreed in writing to work on Sundays when they were hired; (b) the employee is covered by a collective agreement that provides that the employee must not refuse to work on Sundays; (c) the employee is employed by a retail business establishment where the number of persons, including the owner, employed for the sale of goods or services does not ordinarily exceed four persons at any one time. M.R. 125/2021 EMPLOYMENT OF YOUNG PERSONS Industries and occupations in which young persons must not be employed 25(1) An employer must not require or allow a young person of the age set out in column 1 of the following table to work in an industry or occupation set out opposite in column 2: Age Industry or occupation in which a young person must not be employed under 14 in food preparation, if the work involves the use of dangerous tools or machinery under 16 on a construction site in an industrial or manufacturing production process in work involving scaffolding or swing stages in work involving the use of a ladder or substitute at heights greater than 1.5 metres in work on a drilling or servicing rig in arboriculture, if the work involves the use of dangerous tools or machinery in work involving the handling or use of herbicides or pesticides under 18 the forestry industry an occupation in a sawmill or pulp mill an occupation involving work in an underground mine or on the face of an open pit quarry an occupation involving the abatement or removal of asbestos an occupation involving work in an enclosed or partially enclosed space that (i) except for the purpose of performing work, is not primarily designed or intended for human occupancy, and (ii) has restricted means of access or egress 25(2) A young person who is at least 16 years of age is exempt from subsection (1) if they are a party to an apprenticeship agreement registered under The Apprenticeship and Certification Act and the work they perform is done under that agreement . 26 [Repealed] M.R. 158/2018 Supervision of young persons required 26.1 An employer must not require or allow a young person under the age of 16 to perform work unless the young person is directly supervised by an adult who is in or at the same workplace as the young person. M.R. 158/2018 RECIPROCAL ENFORCEMENT Designation of reciprocating jurisdictions 27 The following jurisdictions are designated as reciprocating jurisdictions for the purposes of section 114 of the Code: (a) the provinces of Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec and Saskatchewan; (b) the territories of Northwest Territories, Nunavut and Yukon Territory. M.R. 62/2011 ; 130/2015 INFORMATION ABOUT CODE FOR EMPLOYEES Employer to post or distribute information 28(1) An officer may request an employer to do either or both of the following: (a) distribute to each employee a summary of the Code, or any part of it, provided by the officer; (b) post a copy of the summary in a conspicuous place at the work place where employees may read it. 28(2) An employer who receives a request under subsection (1) shall immediately comply with it. ADMINISTRATIVE PENALTIES Administrative penalties 29(1) Subject to subsection (2), the director may impose an administrative penalty as set out in the Schedule for a contravention of a provision of the Code or of The Construction Industry Wages Act listed in the Schedule. 29(2) The total of the penalties payable under a notice of administrative penalty must not exceed $10,000. DEPOSIT RE REFERRAL OR APPEAL TO BOARD Reduction of required deposit 30 The prescribed amount for the purposes of the following provisions of the Code is $5,000: (a) subsection 111(2) (reduction of deposit on referral to board); (b) subsection 138.2(4) (reduction of deposit on appeal of administrative penalty). REPEALS AND COMING INTO FORCE Repeals 31 The following regulations are repealed: (a) the Domestic Workers Regulation , Manitoba Regulation 60/99; (b) the Home Care Workers and Residential Care Workers Regulation , Manitoba Regulation 61/99; (c) the Minimum Wages and Working Conditions Regulation , Manitoba Regulation 62/99. Coming into force 32(1) This regulation, except for section 22, comes into force on April 30, 2007, or on the day it is registered under The Regulations Act , whichever is later. 32(2) Section 22 comes into force on the day this regulation is registered under The Regulations Act . SCHEDULE (Section 29) ADMINISTRATIVE PENALTIES Provision Description of contravention Penalty (Fine) Contraventions of The Employment Standards Code s. 6 fails to pay minimum wage $500 s. 18(4) fails to provide time off for banked time $500 s. 18(5) fails to pay regular wage rate for banked time $500 s. 18(7) fails to pay wages for banked time in accordance with s. 86 $500 s. 19(1) requires employee to work overtime without a right to do so $500 s. 25(1) fails to pay holiday pay and wages for hours worked on general holiday $500 s. 26 fails to provide day off with holiday pay on or in relation to a general holiday $500 s. 30(a) fails to pay overtime wage rate for hours worked in construction on general holiday $500 s. 30(b) fails to pay holiday pay to employee in construction $500 s. 34(1) fails to provide annual vacation leave $500 s. 37 requires employee to take less than one week vacation at a time $500 s. 45 fails to provide 24-hour rest period $500 s. 50 fails to provide work break $500 s. 54 fails to provide maternity leave as required $500 s. 57.1(2) fails to accommodate early end to maternity leave $500 s. 58 fails to provide parental leave $500 s. 59.1(2) fails to accommodate early end to parental leave $500 s. 59.2(2) fails to provide compassionate care leave $500 s. 59.2(8) fails to accommodate early end to compassionate care leave $500 s. 59.3 fails to provide health or family leave $500 s. 59.4(1) fails to provide bereavement leave $500 s. 60(1) lays off or terminates an employee because of pregnancy or intention to take a leave under Division 9 $500 s. 60(4) fails to treat periods of employment before and after a leave under Division 9 as a period of continuous employment $500 s. 61(1) fails to provide notice of termination, or pay wages in lieu of notice in accordance with sections 77 and 86 of the Code $500 s. 67(1) fails to give notice to the minister of a group termination $500 s. 76 changes conditions of employment after notice of termination $500 s. 81 requires an employee to work on a Sunday $500 s. 82(1) fails to pay equal wages to male and female employees who perform substantially the same work $500 s. 84(1) employs a young person under the age of 13 $1,000 s. 84.1 employs a young person under the age of 16 without a work readiness certificate $1,000 s. 84.2(a) employs a young person under the age of 16 between 11:00 p.m. and 6:00 a.m. $1,000 s. 84.2(b) employs a young person under the age of 16 for more than 20 hours during a week of school $1,000 s. 84.3(1) requires or allows a young person under the age of 18 to work alone between 11:00 p.m. and 6:00 a.m. $1,000 s. 84.3(2) requires or allows a young person under the age of 18 to work in a prescribed industry or occupation $1,000 s. 86(1) fails to pay wages within 10-day period or as specified by director under s. 86(2) $500 s. 99(2) fails to comply with third party demand $500 s. 113(1) fails to provide bond as security for payment of wages $500 s. 133(1) suspends, lays off, terminates or restricts an employee, or threatens to do so $500 s. 135(1) fails to maintain or keep records $500 s. 135(3) fails to retain records for 3 years $500 s. 135(4) fails to provide employee with pay statement $500 s. 135(6) fails to produce records for inspection by an officer $500 Contraventions of the Employment Standards Regulation s. 10 fails to provide minimum 36-hour rest period to domestic worker or residential caregiver $500 s. 19 deducts an amount from employee's wage contrary to s. 19 $500 s. 19(3) requires purchase of uniform or payment of amount contrary to s. 19(3) $500 s. 21(1) fails to provide transportation within certain hours $500 s. 26.1 requires or allows a young person under the age of 16 to perform work without being directly supervised by an adult who is in or at the same workplace as the young person $1,000 s. 28 fails to post or distribute information re Employment Standards Code $500 Contraventions of The Construction Industry Wages Act s. 13 fails to pay wages as required by the Act or regulation $500 Contraventions of the Construction Industry Minimum Wage Regulation s. 7 employs more construction workers than permitted in relation to number of apprentices, journeypersons, skilled tradesperson and trainees $500 s. 8 employs more than one trainee per skilled tradesperson of that class at a worksite or on a major construction project $500